CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-032 Bill No. HB 1771
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Barreiro offered the following:
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13 Amendment to Amendment (305255) (with title amendment)
14 On page 1, line 17, through page 2, line 8,
15 remove: all of said lines,
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17 and insert:
18 Section 1. Section 285.16, Florida Statutes, is
19 repealed.
20 Section 2. Subsection (3) of section 285.061, Florida
21 Statutes, is amended to read:
22 285.061 Transfer of land to United States in trust for
23 Seminole and Miccosukee Indian Tribes.--
24 (3) All the provisions of this chapter, not in
25 conflict with this section, remain in full force and effect.
26 The state reserves both civil and criminal jurisdiction over
27 said reservations in accordance with s. ss. 285.16 and 285.165
28 and applicable federal law. The transfer of lands in trust
29 for the Miccosukee Tribe of Indians of Florida made pursuant
30 to the authority of this section remains subject to all of the
31 rights, easements, and reservations in favor of the South
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HOUSE AMENDMENT
hbd-032 Bill No. HB 1771
Amendment No. ___ (for drafter's use only)
1 Florida Water Management District provided in the transfer.
2 Section 3. Subsection (1) of section 285.165, Florida
3 Statutes, is amended to read:
4 285.165 Water rights compact with Seminole Tribe.--
5 (1) Notwithstanding the provisions of s. 285.16, The
6 water rights compact among the Seminole Tribe of Florida, the
7 State of Florida, and the South Florida Water Management
8 District as approved by the governing board of the South
9 Florida Water Management District at its May 15, 1987,
10 governing board meeting is hereby ratified and approved. The
11 compact shall not be effective until approved in appropriate
12 federal legislation. Upon congressional approval, the compact
13 shall become the sole source of regulation of water use and
14 the management and storage of surface water and groundwater on
15 reservation and Tribal Trust lands.
16 Section 4. Paragraph (c) of subsection (2) of section
17 285.18, Florida Statutes, is amended to read:
18 285.18 Tribal council as governing body; powers and
19 duties.--
20 (2) The governing bodies of the special improvement
21 districts shall have the duty and power:
22 (c) To employ personnel to exercise law enforcement
23 powers, including the investigation of violations of any of
24 the criminal laws of the state occurring on reservations over
25 which the state has assumed jurisdiction pursuant to s.
26 285.16.
27 1. All law enforcement personnel employed shall be
28 considered peace officers for all purposes and shall have the
29 authority to bear arms, make arrests, and apply for, serve,
30 and execute search warrants, arrest warrants, capias, and
31 other process of the court, and to enforce criminal and
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hbd0022 07:02 pm 01771-0107-424577
HOUSE AMENDMENT
hbd-032 Bill No. HB 1771
Amendment No. ___ (for drafter's use only)
1 noncriminal traffic offenses, within their respective special
2 improvement districts.
3 2. All law enforcement personnel shall be entitled to
4 the privileges, protection, and benefits of ss. 112.19 and
5 870.05.
6 Section 5. This act shall take effect upon becoming a
7 law.
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11 And the title is amended as follows:
12 On page 2, lines 16-25 of the amendment,
13 remove: all of said lines,
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15 and insert:
16 A bill to be entitled
17 An act relating to state civil and criminal
18 jurisdiction on Indian reservations; repealing
19 s. 285.16, F.S., relating to state civil and
20 criminal jurisdiction on Indian reservations;
21 amending ss. 285.061, 285.165, and 285.18,
22 F.S.; correcting cross references, to conform;
23 providing an effective date.
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File original & 9 copies 03/13/02
hbd0022 07:02 pm 01771-0107-424577